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Aishwaryasandeep

Some defences under Law Of Tort

General defences are a set of ‘excuses’ that you can undertake to escape liability. In order to escape liability in the case where the plaintiff brings an action against the defendant for a particular tort providing the existence of all the essentials of that tort, the defendant would be liable for the same. It mentions…

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GENERAL DEFENCES UNDER LAW OF TORTS

INTRODUCTION: When a lawsuit is brought against a defendant for the commission of a tort and all of the components of that wrong are present, the defendant is deemed accountable. Even in such circumstances, the defendant can avoid culpability by pleading with one of the tort law defences. Some defences are more specific to certain…

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PRINCIPLE OF AQUISCENCE AND ESTOPPEL

AQUISCENCE According to the Oxford Dictionary acquiescence means “the reluctant acceptance of something without protest”. When it comes to international laws some acts by the states like inactions, silence, non-responses, or omissions results to some kind of legal effects as well. Like when we investigate the Vienna convention of law of treaties, when a party…

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ENVIRONMENTAL IMPACT ASSESSMENTS

INTRODUCTION Environmental Impact Assessment (EIA) is a procedure for determining the likely environmental effects of a proposed project or development, taking into account both positive and negative socioeconomic, cultural, and human-health effects. It is essentially a preliminary assessment of a strategy, stratagem, programme, or real project’s environmental impact before deciding whether or not to proceed…

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ARBITRATION

Introduction Arbitration is the dispute settlement process between two agreeable parties to appoint an arbitrator to give a binding solution on the dispute. It is a way to settle disputes outside the courts thereby saving time and resources at the same time.Arbitration is a legal mechanism encouraging settlement of disputes between two or more parties…

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Money Laundering

Introduction What is Money Laundering? Money laundering is the illegal process of making large amounts of money generated by a criminal activity, such as drug trafficking or terrorist funding, appear to have come from a legitimate source. The money from the criminal activity is considered dirty, and the process “launders” it to make it look…

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Plaintiff

Most business litigation deals with civil law—that is, one party bringing a lawsuit against another party (a plaintiff bringing a suit against a defendant). A “party” in these cases can be an individual, a business, or an organization. Civil law has mostly to do with the failure of one party to do something or avoid doing something…

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Private defence

The protection of life and property is axiomatic in every civilized society and because it is impossible for the State to do so on every occasion – as law enforcement officers cannot be omnipresent, the individual is given the right of private defence. The right of private defence legally accords to the individuals the right…

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